EXTRAORDINARY REGISTERED NO. P.

III

GOVERNMENT GAZETTE

KHYBER PAKHTUNKHWA

Published by Authority

PESHAWAR, THURSDAY, 25TH JANUARY, 2018

Government of Khyber Pakhtunkhwa,

Khyber Pakhtunkhwa Public Procurement Regulatory Authority

NOTIFICATION
Dated Peshawar, the Nov 30, 2017

No. KPPRA/M&E/Estt:/1-10/2017 In exercise of the powers conferred under Section 13 of

KPPRA Act, 2012, Rule 8 of the Khyber Pakhtunkhwa Public Procurement Grievance Redressal
Rules, 2017 (GR Rules) and in pursuance of Regulation 15 read with Regulation 2(y) of the
KPPRA (Appointment & Conditions of Service Regulations, 2017), the Authority, with the
approval of Board of Directors of KPPRA, hereby notify the following Terms of References for
Technical Assistant(s) to be nominated under Grievance Redressal Mechanism for disposal of
appeals:

REGULATORY FRAMEWORK
Promulgation of KPPRA Act, 2012 and in pursuance to the said Act establishment of KPPRA as
a regulatory body for matters relating to public procurement ushered in a regime based on
principles of transparency, economy, efficiency and value for money in utilizing public funds.
The umbrella of KPPRA provides for uniform guidelines for acquisition of Goods, Works and
Services wherein expenditure from public fund is incurred. KPPRA since inception has been
engaged in smoothing and streamlining the procurement processes and thus has been able
to frame Khyber Pakhtunkhwa Public Procurement of Goods, Works and Services Rules, 2014
(Procurement Rules) developed Standard Bidding Documents for Good, Works and Services
(SBDs). The Authority with its pursuit to provide a dynamic procurement regime in KP has
been to amend KPPRA Act in 2016 and has also proposed changes/amendments in
Procurement Rules.

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Grievance Redressal Mechanism (GRM) is one vital function of Public procurement. Section
35 of the KPPRA Act, 2012 provides for a two tier GRM. In the backdrop of this provision, GR
Rules were notified. The terms of References (ToRs) hereunder are developed in light of GR
Rules, for appointment and determining the scope of work of technical assistants.
Objective:
To provide terms and conditions for nomination of technical assistants under GRM for
disposal of appeals and determine their scope of work and ancillary matters.
Terms and Conditions for Nomination of Technical Assistants
a) Serving civil servants (BS 18 and above) with adequate experience and
technical expertise in public procurement.

b) Retired civil servants (BS 18 and above) with adequate experience and
technical expertise in public procurement.

c) Professionals including engineers, architects, personnel dealing in bio-medical

equipment having at-least 10 years of professional experience in the field of
procurement and sound knowledge of matters ancillary to public
procurement.

d) Legal experts having at-least 15 years of legal experience and matters ancillary
to public procurement.

e) The nomination offer along with TORs shall be issued to the nominee by the
Managing Director, KPPRA for acceptance in writing within a week’s time,
failing which the offer shall stand cancelled.

f) The nomination of a technical assistant or a panel of technical assistants for

hearing a particular appeal shall be notified by the Managing Director, KPPRA.

g) A technical assistant may resign his nomination, or his nomination may be

terminated by the Authority, on a seven (7) days’ notice on either side, without
incurrence of any liability on either party.

Scope of Work
A technical assistant, when nominated individually or in a panel for hearing a particular
appeal, shall undertake the following works in accordance with provisions of KPPRA Act, 2012,
Procurement Rules, GR Rules, Guidelines and SBDs issued there under:

(a) In pursuance of Rule 10(3) of the GR Rules a technical assistant, on nomination for
a particular appeal, shall declare immediately, if he has any conflict of interest in
the case or is otherwise unable to hear the appeal, and shall step down from
hearing the appeal. The Managing Director, KPPRA shall issue revised notification
accordingly.
 (b) A technical assistant shall devote requisite time for hearing the appeal for which
he has been nominated individually or in a panel, and perform functions, including
but not restricted to the following:

i. shall receive the appeal admitted for hearing and referred to him or the panel
of which he is a member;
ii. shall issue summons and production order;
iii. may issue interlocutory injunctive order;
iv. shall receive the reply of the respondent(s) in the case;
v. shall conduct hearing in the appeal;
vi. may consolidate appeals arising from the same procurement or tendering
proceedings;
vii. may allow withdrawal of appeal in the prescribed manner;
viii. shall receive documentary evidence;
ix. may allow adjournment;
x. listen arguments of the parties;
xi. shall compile a report stating concise facts of the case, the points of
determination, findings thereon along with reasons and recommendations,
including specific relief to the appellant or rectification or annulment of the
procurement process by the procuring entity; and
xii. Pursuant to Rule 10(8) of the GR Rules a technical assistant(s) shall submit the
report to the Managing Director within seven (7) working days of his/their
nomination for hearing the appeal.

(c) A technical assistant or panel of technical assistants, as the case may be, shall
appear before the Managing Director or the Authority for clarification of the
report as and when required.

(d) To do all such acts mentioned in Rule 10 (4) (5) (6) (7) of the GR Rules.

Deliverables
Final report of the hearing, including recommendations duly signed by the technical assistant
or a panel of technical assistants, as the case may be, along with record of evidence and other
related documents pertaining to the reference handed over to him/ the panel.
Clarification of the report to the Authority, or the Committee or member of the Board or the
Managing Director if authorized so by the Authority, on need basis.

Remuneration
Each technical assistant/panel shall be entitled to remuneration, as notified by the Authority
vide Notification No. KPPRA/M&E/Estt:/1-7/2017 dated Oct 12, 2017.

Record, Communication and Reporting Channel

The technical assistant or the panel of technical assistants, as the case may be, shall compile
complete record of proceedings of the case, and shall directly report to the Managing
Director, KPPRA. The Registrar of Appeals, KPPRA, in addition to his other functions, shall
provide secretariat support to the technical assistant and the panel thereof and maintain
complete record of the appeal cases.